Resolution-PC 2011-027RESOLUTION NO. PC2011 -027
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CA'T'EGORICAL EXEMPTION AND
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001 -04439
(DEV2010- 00192)
(1440 SOUTH ANAHEIM BOULEVARD)
WHEREAS, on September 24, 2001 the Anaheim Planning Commission (hereinafter
referred to as "Planning Commission "), by its Resolution No. PC2001 -141 did approve Conditional Use
Permit No. 2001 -04439 for a period of one year, to expire on September 24, 2002, to permit the on-
premises sale and consumption of beer and wine in a proposed restaurant in conjunction with the
Anaheim Indoor Marketplace, and;
WHEREAS, on September 23, 2002 the Planning Commission, by its Resolution No.
PC2002 -143 did approve a reinstatement of the conditional use permit for a period of eight years, to
expire on August 29, 2010, and;
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
an amendment to Conditional Use Permit No. 2001- 04439, to modify or delete a condition of
approval pertaining to a time limitation to retain a previously- approved on- premises sale and
consumption of beer and wine in an existing restaurant for certain real property situated in the City
of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and
incorporated herein by this reference;
WHEREAS, the property is developed with a 133,200 square foot commercial building
located in the General Commercial (C -G) zone and the Anaheim General Plan designates this property
for General Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 28, 2011, at 5:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed
amendment and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
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3. The permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health, safety and general welfare as there have not
been any code violations on this use.
4. With regard to the deletion of a time limitation, such deletion is appropriate because it
has been demonstrated that the use has operated in a manner that is appropriate in the underlying
zone and the surrounding area.
5. The existing use at the time of approval was properly one for which a conditional use
permit was authorized by the Zoning Code.
6. The use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located as the restaurant has been operating in
conformance with conditions of approval and further there have been no code violations on the use.
7. The size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
as the restaurant has been operating in conformance with all conditions of approval and there have
been no code violations on the use.
8. The traffic generated by the restaurant will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the restaurant has been
operating in conformance with conditions of approval and there have been no code violations on the
use.
9. The granting of the reinstatement of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of
Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby approve an amendment to Conditional Use Permit No. 2001-
04439 to delete a condition of approval pertaining to a time limitation to retain a previously -
approved on- premises sale and consumption of beer and wine in an existing restaurant as requested
by the applicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission
Resolution No. PC2001 -141, adopted in connection with Conditional Use Permit No. 2001- 04439, to
delete the time limitation as shown in Exhibit `B" attached hereto and incorporated herein by this
reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of
the subject property in order to preserve the health and safety of the citizens of the City of Anaheim.
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BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
duration of the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated
Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code
and any other applicable City, State and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of March 28, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
Al LEST:
CHAIRMAN, ANA VI CITY PLANNING COMMISSION
SENIOR SECkETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on March 28, 2011, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011.
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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IAPN: 082 - 130 -16
\
0 S0 lOG
Feet
234.89'
E PALAIS RD
EXHIBIT "A"
DEV2010 -00192
1,164'
729.94'
E CERRITOS AVE
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
110761
5 PC2011 -027
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001-04439
(DEV2010- 00192)
SIGNED
NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY
GENERAL
1 At all times when the premise is open for business, the Police
premise shall be maintained as a bona fide restaurant
and shall provide a menu containing an assortment of
foods normally offered in such restaurant.
2 The gross sales of alcoholic beverages shall not
exceed 40 percent of the gross sales of all retail sales
during any three (3) month period. The applicant shall
maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and
other items. These records shall be made available for
inspection by any City of Anaheim official when
requested.
3 The sale of alcoholic beverages for off premises
consumption shall be prohibited.
4 There shall be no exterior advertising of any kind or
type, including advertising directed to the exterior
from within, promoting or indicating the availability
of alcoholic beverages.
5 That subject alcoholic beverage license shall not be
exchanged for a public premise (bar) type license nor
shall the establishment be operated as a public premise
as defined in Section 23039 of the Business and
Professions Code.
6 There shall be no admission fee, cover charge, nor
minimum purchase required.
Police
Police
Police
Police
Police
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NO, CONDMONS OF APPROVAL REVWEW
GENERAL
7 There shall be no live entertainment, amplified music Police
or dancing permitted on the premise at any time
unless the proper permits have been obtained from
the City of Anaheim.
8 The subject property shall be developed substantially Planning
in accordance with the plans and specifications
submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning
Department and labeled as Exhibit Nos. 1 (Site Plan)
and 2 (Floor Plan) as approved by the Planning
Commission on September 24, 2001, and as
conditioned herein.
11
Y
SIGNED
OFF 1 Y
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